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Last Post 12/20/2011 6:40 AM by  matthew.adj
Indiana Independent Adjuster Licensing
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dcscdavis
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03/22/2010 5:06 PM

    I've heard that Indiana has recently passed a law requiring independent adjusters to be licensed.  I know that some legislation was in the works based upon language based upon language created by the National Association of Insurance Commissioners.  Does anyone know any recent news on this topic?

     

    Chris Davis

    Davis Claims Service - Indianapolis

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    host
    CatAdjuster.org Founder
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    03/22/2010 8:38 PM

    This wording from Senate Bill 357 would seem to indicate that a license was required.  The Bill was updated 2/1/2010.

    "SECTION 8. IC 27-1-28 IS ADDED TO THE INDIANA CODE AS A  NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
         Chapter 28. Independent Adjuster Licensing
        Sec. 1. This chapter governs the qualifications and procedure for the licensing of independent adjusters.
        Sec. 2. The commissioner may adopt rules under IC 4-22-2 to implement this chapter.
        Sec. 3. As used in this chapter, "automated claims adjudication system" means a preprogrammed computer system designed for the collection, data entry, calculation, and system generated final resolution of property insurance claims, which:
            (1) is only used by a licensee or a person described in section 6(b)(2) of this chapter;
            (2) complies with all claim payment requirements of the insurance laws of this state; and
            (3) is certified as compliant by an independent adjuster who is licensed under this chapter and an officer of a business entity licensed under this chapter.
        Sec. 4. As used in this chapter, "catastrophe" means an event that is the subject of a declaration by the commissioner and that:
            (1) results in a large number of deaths or injuries;
            (2) causes extensive damage or destruction of facilities used to provide and sustain human needs;
            (3) produces an overwhelming demand on state and local response resources and mechanisms;
            (4) causes a severe long term effect on general economic activity; or
            (5) severely affects state, local, and private sector capabilities to begin and sustain response activities.cense under this section. "

    ...

    "Sec. 10. A person shall not:
            (1) act as an independent adjuster in Indiana; or
            (2) hold itself, himself, or herself out as an independent adjuster in Indiana;
    unless the person is licensed or exempt from licensure under this chapter.
        Sec. 11. (a) If a catastrophe is declared, an insurer may contract with an individual who is:
            (1) not licensed under this chapter; and
            (2) otherwise qualified to adjust claims;
    to act as a temporary emergency independent adjuster on behalf of the insurer if the insurer obtains for the individual a temporary emergency independent adjuster license under this section. "

    source

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    Tim Wieneke
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    03/26/2010 11:34 PM

    Thanks for the heads up! Is this any license or is there a specific Indiana program? I know in Michigan you're gtg if you have a Texas or Florida and file it with the state (like 40 bucks and a form if I remember).

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    jedevich
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    04/01/2010 3:06 PM

    For what its worth I called Indiana dept of insurance and was told, "no license is required at this time" Anybody know something differnt let me know. Thanks

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    jpendergrass
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    04/01/2010 7:46 PM

    From what I have been told, Indiana has been considering a License for IA's for a couple of years,  Statutes have been written but not yet passed by the General Assembly . Even if passed now, not sure it would be signed into law as most of Indiana's  new laws go into effect, July 1, every year.  I would anticipate passing during next years General Assembly and then signed off by Governor Daniels, effective July 2011.  Get ready, it is coming.

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    host
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    04/01/2010 10:17 PM

    The Senate Bill I quoted in my post above is related to Indiana, you can click the word "Source" for a link that will provide additional information. It stated that it would be effective July 1st of this year. 

     

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    dcscdavis
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    04/03/2010 12:33 PM
    It appears that the legislation died. Here is a copy of an article that I found.


    Agent Licensing Changes Die Again
    Changes to agent licensing were attempted again this legislative session by the Indiana Department of Insurance (IDOI). This year’s proposed changes were identical to those introduced during the last legislative session. The changes, included in House Bill 1240, included increasing hours for resident agents for each compliance period from 20 to 24 hours and waiving pre-licensing education requirements for those with a bachelor’s degree in insurance or any designations approved by the commissioner or NAIC.

    Unfortunately, this year’s agent licensing changes met the same fate as they did last year. Once again, Rep. Craig Fry (D-Mishawaka), who was the author of House Bill 1240 and the chairman of the House Insurance Committee, rolled several controversial issues into the legislation. While House Bill 1240 passed the House of Representatives, the Senate Insurance Committee chose to strip the bill of all controversial language and add language requested by the IDOI to establish licensing procedures for independent adjusters and ethics standards for public adjusters doing business in Indiana. Additionally, language to help control excessive towing and storage fees that had died earlier in the session was inserted into the bill. In response to the removal of his language from the bill, Rep. Fry withdrew Senate Bill 357, which also contained the independent and public adjuster language.

    In the end, House Bill 1240 ultimately died as a result of an attempt by the Indiana Trial Lawyers Association to amend their language to prohibit defendants from introducing medical write-offs as evidence in a trial into the bill. This language would increase compensation for trial lawyers by banning juries from learning the actual payment amount a medical provider agreed to accept, which is often less than the amount that is billed. As a result, it was determined that the best course of action was to let the bill die rather than risk a full floor vote by the Senate with this damaging language in the bill.
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    roofing46108
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    04/16/2010 2:23 PM
    off the subject a bit. I live in indy and have been a storm chaser for a while know and am now wanting to become an adjuster. what is the best way to go about this?
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    matthew.adj
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    12/20/2011 6:40 AM
    An Indiana Adjuster's License is now required. It became effective earlier this year. I live in Indiana. I applied for the license in August 2011 and received it quickly. They had not yet posted whether Texas would be reciprocal or not, so I sent in my application hoping they would approve it before all of the red tape was published and adhered to.
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